93-17-9 - Surrender of child to a home for care and adoption.
§ 93-17-9. Surrender of child to a home for care and adoption.
As used in this chapter the word "home" shall be construed to include any charitable or religious corporation or organization or the superintendent or head of such charitable or religious corporation or organization organized under the laws of the State of Mississippi, or any public authority to which has been granted the power to provide care for or procure the adoption of children by any statute or statutes of this state, and any association or institution engaged in placing children for adoption on July 1, 1955. Any person required to be a party to an adoption proceeding by Section 93-17-5 may execute the surrender of a child to a home by sworn or acknowledged instrument which shall include the following: the name of the child and the home; that there is thereby vested in the home the exclusive custody, care and control of such child; that all parental rights to such child including the right of inheritance are relinquished by such person; provided, the rights of inheritance of the natural parents and the child shall not be affected until entry of a final decree of adoption; that the home is authorized to execute a consent to adoption as provided by this chapter and that process in any adoption proceeding is waived; that such surrender shall be irrevocable and that such person will not, in any manner, interfere with the custody of such child thus vested in the home. Said instrument shall not be executed until seventy-two (72) hours after the birth of the child and shall effectually vest in the home all rights thus surrendered and all powers thus created, with the right and power to execute the consent to adoption as required in this chapter authorizing the court to vest in the child and the adopting parent or parents the rights herein provided.
Where a child has been surrendered to a home or other agency operating under the laws of another state, and the child is delivered into the custody of a petitioner or home within this state, the execution of such consent by such nonresident home or agency shall be accepted in lieu of the execution of such consent by a home.
Sources: Codes, 1942, § 1269-04; Laws, 1955, Ex. ch. 34, § 4; Laws, 1998, ch. 516, § 17, eff from and after July 1, 1998.